More Aboriginal people live in Canada's cities than on reserves or remote parts of the country. Several generations have grown in relative silence until recent years when the Aboriginal community and governments began in earnest to focus on their Urban Aboriginal issues and needs. This forum is here for you to provide useful and creative information to help address those needs. Let's share what works, not just what's wrong.

Congress of Aboriginal PeoplesPresentation by National Vice-Chief, Ron Swain April 23, 2013Hello – Good afternoon to all who have gathered here today in Toronto. It is a pleasure to be here to introduce the Congress of Aboriginal Peoples’ presentation, entitled ‘Demystifying Aboriginal Inclusion’. Over the next 90 minutes we will be looking at the themes of Partnership, Mentoring, and Diversity, from the perspective of Aboriginal Inclusion in the private sector. We believe and appreciate that this is a timely discussion, due to recent converging trends in economic development, public policy, and corporate support for equity and diversity.

I am the National Vice Chief of the Congress of Aboriginal Peoples. Since 1971, the Congress of Aboriginal Peoples (formerly known as the Native Council of Canada) has represented the interests of off-reserve status and non-status Indians, the Southern Inuit of Labrador, and Métis peoples throughout Canada. The Congress is also the national voice for its affiliate organizations that advocate on behalf of Aboriginal Peoples living off-reserve. The Congress tries to be consistent and inclusive by welcoming all Aboriginal peoples.

The Congress indirectly represents its members through our regional affiliates (Provincial Territorial organizations). It is not possible to have one membership criteria from coast to coast because of the distinct realities in each region. Our membership is structured to include all Aboriginal peoples, geographically, historically and culturally, which in part is why we are able to discuss Aboriginal Inclusion from such a broad perspective.

To set the stage for our presentation, I want to look over two recent and major events in the ongoing story of Aboriginal relations with the Canadian government. We’re about to talk about some very specific approaches to Aboriginal Inclusion, but first I want to bring up these two events to address the more fundamental questions of “why Aboriginal Inclusion?” and “why now?” The first is the Truth and Reconciliation Commission, or TRC.

The TRC, established in 2008 and still ongoing, is the official response to the legacy of the residential school system which continued until the 1990s. Over the past few years the TRC has held hearings across Canada, lending its ear to many unheard voices, and connecting the Canadian public more intimately with the story of their ‘unknown neighbours,’ the Aboriginal Peoples of Canada.

Truth and Reconciliation are noble and worthy goals, to which we lend our fullest support. The TRC has stated that its purpose is to “guide a process of truth and healing, leading toward reconciliation within Aboriginal families, and between Aboriginal peoples and non-Aboriginal communities, churches, governments, and Canadians generally. The process will work to renew relations on the basis of inclusion, mutual understanding, and respect.” So from this we can see how Aboriginal Inclusion becomes an integral part of the reconciliation process. During the presentation we will be taking the term ‘inclusion’ in a more restricted sense, relating it to the workforce, but I think it’s clear how the two senses of inclusion – social and economic – are related. We will not see the full effects of healing and reconciliation until we see a fuller partnership between private industry and the Aboriginal Peoples of Canada.

I would like to drive this point home. Article 23.1 of the Universal Declaration of Human Rights states: “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.” The Universal Declaration was adopted by the General Assembly on December 10, 1948, by a vote of 48 in favor (of which Canada was one) and 0 against, with eight abstentions: namely the Soviet Union, the Ukrainian Soviet Socialist Republic, the Byelorussian Soviet Socialist Republic, the People’s Federal Republic of Yugoslavia, the People’s Republic of Poland, the Union of South Africa, Czechoslovakia, and the Kingdom of Saudi Arabia. Only South Africa’s opposition had been clear throughout the process.

To work within one’s capacity, in industry, at any level (entry, skilled, or professional) is a human right that all Aboriginal people have whether we are “on” or “off” reserve. Canada has a great opportunity to right the wrongs of the Indian Act and ensure this great nation upholds the values we committed to in 1948. We can do this by ensuring that all Aboriginal peoples are included as part of the economic engine for growth. Let’s not perpetuate the “haves and have-nots” policy and history of the Indian Act. Government and Industry have to challenge themselves to ensure that Aboriginal inclusion in the labor force does not become a “feel good” policy, nor a cynical means of access to territory, but part of its collective values as a nation.

The second event I want to share with you, and which you may already know of, is the landmark outcome of the Daniels Case. In January of this year the Federal Court released its decision on a 14 year old case regarding the official recognition of Métis and Non-Status Indians as Indians within the definition of section 35 of the Constitution Act of 1867. The Federal Court found in favour of recognizing Métis and Non-Status Indians.

What does this mean? To understand the implications of the decision, we have to look at why Harry Daniels launched the case. In short, he hoped to prove that all Aboriginal people have a place in Confederation. There has been lasting damage to Aboriginal peoples who reside off‑reserve or who are not registered Indians under the Indian Act. Legislation has divided families and communities according to externally artificial created categories, and has destabilized our social structures necessary for our communities to function. These categories prevent Aboriginal people from defining who belongs to their communities according to their own traditions.

In this case, the plaintiffs put forward 3 declarations:

(a) Métis and non-status Indians are “Indians” within the meaning of the expression “Indians and lands reserved for Indians” in s 91(24) of the Constitution Act, 1867;

(b) That the Queen (in right of Canada) owes a fiduciary duty to Métis and non-status Indians as Aboriginal people;

(c) That the Métis and non-status Indian peoples of Canada have the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.

The judge granted the first declaration that Métis and non-status Indians are “Indians” under s 91(24) of the Constitution Act, 1867. The other 2 declarations were not granted, they did not need to be. The reality is; the second and third declarations flow logically from recognition of the first.

Today, over 60% of Aboriginal peoples live off-reserve, and a large number within urban centres; these are the people whom CAP represents. If we look at the possible implications of this decision, the federal government would be obligated to provide both Métis and Non-status Indians with access to the same programs and services currently provided to status Indians, living on reserve.

Some of the programs and services which are currently available to status Indians, but not to Métis and non-Status Indians consists of: Heath Services, Non-Insured Health Benefits, Post-secondary Education, the Canadian Aboriginal Economic Development Strategy, Justice services, Housing, Community Infrastructure, Federal and Provincial Tax Exemptions, Band funding, and more.

If upheld, this decision will lead off-reserve and Urban Aboriginals into a leadership role in the economic development of Aboriginal Peoples in Canada. Today’s gaps and barriers will be filled and overcome, as institutional frameworks will be created to encourage talent building and collaboration. And this is why today we’d like to talk to you about Partnership, Mentoring, and Aboriginal Inclusion.

Finally, I’d like to touch on the relationship between public policy and an emergent trend called Social Entrepreneurship and the Social Economy. This trend refocuses business goals away from the bottom line and externalities, and towards the bettering of social conditions. In many cases we’re seeing that because of the heightening of consumer awareness, this refocusing actually boosts the bottom line. Social Entrepreneurship and Social Economy initiatives encompass Aboriginal Inclusion in the workforce, and we see this as a tremendous vehicle for change.

At this time, however, Social Entrepreneurship and Social Economy as a vehicle for Diversity is lacking in government support. We are witnessing something of a misalignment between what the marketplace is calling for, and what the government is responding with. What I believe we need to see is a correction of this, and the alignment of public policy behind Social Entrepreneurship and the Social Economy, perhaps through taxation incentives and other effective methods. This way, good will from the public and private sector can work to magnify each other.

Before turning things over to our presenter, David Acco, I’d like to thank the Conference Board of Canada for hosting this excellent event, and for providing an opportunity for the Congress to speak out about our own experiences, and moreover, on behalf of the peoples we represent. We have great hopes for the future. I also want to thank all of you for your attention and participation. I hope these ideas will open a new perspective to you, and shed new light on Aboriginal potential, how forward-thinking mentoring and partnership can transform this potential into reality, and how this will all return once more to the process of healing and reconciliation currently underway.We lalioq